This Terms of Service Agreement (hereinafter—the Agreement) outlines the terms and conditions that apply to any individual, entrepreneur, or legal entity (hereinafter—the "User")accessing and using Upswot Inc. Computer Software "upSWOT" (hereinafter—the Software).
1.1. When used in this Agreement, the following terms will have the respective meanings indicated; such meanings to be applicable to both the singular and plural forms of the terms defined:
Use or Using means to access, install, download, copy, or otherwise benefit from using the functionality of the Software.
Upswot Inc. or “We,” "Us," "Our," or "upSWOT" means Upswot Inc. and its affiliates and subsidiaries (and their predecessors in interest, successors, and assigns).
You or "Yours" "Your" or "Yourself" refers to the User using the Software, and if such User is using the Software on behalf of an entity or organization, then it means such entity or organization (and each of Your predecessors in interest, successors, and assigns).
1.2. By accessing or using any portion of the Software, You agree to be bound by this Agreement. You may not Use the Software unless You have first accepted this Agreement. The terms of this Agreement will govern any updates that replace and/or supplement the original Software unless such update is accompanied by a separate license, in which case the terms of that license will govern. You agree to Use the Software in compliance with applicable laws and regulations for Your own personal Use or for Your Use on behalf of Your business entity or organization for its internal business purposes.
1.3. By using or accessing the Software, You agree that this Agreement may be updated and/or supplemented from time to time. Because We provide a wide range of Services, We may ask You to review and accept updated and/or supplemental terms that may apply to Your interaction with a specific product and/or service.
1.4. Registration and Account Security.
To Use the Software, You must (i) register for and Use the Software in compliance with any and all applicable laws and regulations (ii) read and accept the Consent To Personal And Business Data Processing, provided in the Appendix 1 to this Agreement.
To access some features of the Software, You may be required to register for an Account. When You register for an Account, We may ask You to give Us certain identifying information about Yourself, including but not limited to Your email address and other contact information, and to create a username and password (“Registration Information”). When registering for and maintaining an account, You agree to provide true, accurate, current, and complete information about Yourself. You
also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal Your identity for any purpose.
You are responsible for Your Account. You are solely responsible for maintaining the confidentiality and security of Your Registration Information. For Your protection and the protection of other Users, We ask You not to share Your Registration Information with anyone else. If You do share this information with anyone, We will consider their activities to have been authorized by You. If You have reason to believe that Your account is no longer secure, You must immediately notify Us. We may suspend or terminate Your access to the Software if We believe Your account has been compromised or that not doing so may pose a risk to You, Us, or any third parties.
1.5. Enrolled Users.
Users who are enrolled with Us ("Enrolled Users") have access to specific features of the Software that are exclusively available to them. Enrollment can occur directly through Our platform or via a Service Partner, such as online banking or other services provided by third parties. In some cases, Service Partners may automatically enroll You when You sign up for their products or services, making You a "Partner Enrolled User." You may access the Software and Your Account either directly or through Your Account with the Services Partner. Additionally, a Service Partner might sponsor Your enrollment even if You did not initially enroll through them.
As an Enrolled User, You agree to provide true, accurate, complete, and up-to-date information. Should You provide false or incomplete information, or if We have reasonable grounds to believe that Your information is false or inaccurate, We reserve the right to suspend or terminate Your Account and deny access to the Software, in whole or in part. You agree not to share, resell, assign, transfer, or sublicense Your right to access the Software or Your Account to any third party. Additionally, You must not create a false or misleading identity within the Software, as this may be considered fraudulent activity by Us and the Service Partners.
You are responsible for maintaining the confidentiality of Your Registration Information used to access Your Account. If You are a Partner Enrolled User, You may access your Account directly through Your Service Partner account, bypassing the need for separate registration details. You must immediately notify Us at support@upswot.com of any actual or suspected unauthorized use of Your Registration Information or any security breaches related to Your Account. We are not liable for any loss or damage resulting from Your failure to adhere to these responsibilities. You are solely responsible for all activities conducted through Your Account, regardless of whether You personally undertook such activities.
1. The Software is the result of intellectual activity and the object of copyright as a computer program, which is regulated and protected by the intellectual property laws of the State of Delaware and international law. The exclusive right to Software belongs to Upswot Inc.
2. The Software contains trade secrets and other confidential information belonging to Upswot Inc. Any use of the Software in violation of the terms of this Agreement is a violation of the rights of upSWOT and is a sufficient reason to deprive You of the rights granted under this Agreement.
3. upSWOT guarantees upSWOT's ownership of all the rights to Use the Software, including the documentation, which is necessary to provide You with the rights to Use the Software under this Agreement.
4. All trademarks and Service marks on the Software belong to Upswot Inc., except any third-party trademarks or Service marks, which are the property of their respective owners.
5. You are responsible for copyright infringement in accordance with the current laws of the State of Delaware and international law.
1. This Agreement grants You rights to Use the Software supplied on a software-as-a-service basis in accordance with this Agreement and for the sole purpose of enabling You to Use and enjoy the benefits of the Software.
2. Use of the Software does not constitute a sale or license of the Software. upSWOT reserves all rights not expressly granted to You by this Agreement. This Agreement will not entitle You to receive hard-copy documentation, technical support, or telephone assistance with the Software.
3. You will not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; (iv) engage in any screen scraping or data mining of the Software; (v) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright; or (vi) Use the Software to train any generative artificial intelligence Software; (vii) copy, reproduce, republish, upload, post, transmit, or distribute the Software in any way without Our express permission.
4. You have the right, by notifying Us, to assign (transfer) Your rights and obligations under this Agreement to another User in full once, except for the right to subsequently assign (transfer) rights under this Agreement to other Users, which limits the possibility of re-transferring rights under this Agreement. You can make the assignment (transfer) of rights and obligations subject to the full and unconditional consent of the new User with all the terms and conditions
of this Agreement. By transferring the rights to Use the Software, You undertake to completely destroy all copies of the Software installed on Your computers, including backups. You are obliged to provide complete data of the new User to re-register the rights to Use the Software in accordance with this Agreement.
5. You have the right to change, add, or delete any files of the Software only in cases stipulated by current copyright laws of the State of Delaware and international law.
6. upSWOT does not allow any deletion of copyright information.
7. Any use of the Software that contradicts the current laws of the State of Delaware and international law is prohibited.
1. We may provide You with a number of Services, including cash flow history and projections, a snapshot of the performance of Your business, business valuation, carbon footprint calculator, marketing performance analysis, e-Commerce & Sales analytics, potential savings opportunities based on Your business expenses, ways to plan for the future of Your business, the readiness of Your business to acquire or change financing and loans, insights on banking product selection, educational content on important financial matters, and much more. However, not all Services may be available to every User in full. The availability of certain features may depend on the specific configuration chosen by our Service Partners and other factors. While We give You insights and analytics, You are responsible for making the final decision. When You decide to Use the Software, be sure to consider any information only You would know, such as an upcoming change in Your business and new developments. We do not provide financial, accounting, tax, investment, or other professional advice. Consult the services of a competent professional when you need this type of assistance. We may use any feedback, suggestions, ideas, or enhancement requests You submit to Us about the Software freely and without restriction or compensation to You.
2. As part of becoming an Enrolled User, You authorize Us to continuously obtain Your data and information from the Service Partner, such as a list of bank accounts, bank account details, bank transactions, and others, for the purpose of providing You with the features of the Software, and to share it with Service Partner, including to display Offers in accordance with the Agreement and provide other features of the Software. Your authorization includes ongoing monitoring of the Service Partner’s account and ongoing data refresh. In particular, You authorize Us to obtain such data for the purposes of (a) securely verifying Your identity; (b) providing You with Your business health analysis, Offers, and other features of the Software; and (c) sharing Your data with Service Partner, including for the purposes of providing You Offers made by third parties that You may be qualified for and for invitations to apply for, or to inquire about such Offers. You agree that Your authorization pursuant to this Section 4.2. of the Agreement constitutes Your “written instructions”. You grant these written instructions on an ongoing basis, and You may revoke Your ongoing instructions at any time by terminating Your Software account in accordance with the Agreement.
3. The Business Health Services provided by the Software are designed to offer a comprehensive view of Your business's financial and operational performance. These Services encompass a range of functionalities aimed at improving Your business management capabilities. Among the key features is Accounts & Transaction Aggregation, which consolidates and analyzes data from multiple bank accounts and transactions to provide a unified overview of Your financial activities. The Business Valuation Estimate enables You to assess the value of Your business using various financial metrics and market data. The Carbon Footprint Estimator helps You calculate Your company’s environmental impact based on spending data, aiding in the management and reduction of Your carbon footprint. The Cash Flow Forecast and the Payment Calendar feature track and project the flow of money into and out of Your company by analyzing data from accountancy apps, CRM systems, and bank accounts. This tool models financial scenarios and predicts future outcomes, allowing You to visualize the impact of Your financial decisions through custom forecasts on an interactive chart. Additionally, the Software provides e-Commerce & Sales Analytics to evaluate sales performance and trends using data from POS systems and sales apps, which helps optimize Your e-Commerce strategies. Key Metrics tracking monitors critical performance indicators to identify areas for improvement, while Marketing Performance analysis evaluates the effectiveness of Your marketing campaigns to refine strategies and maximize ROI. Detailed dashboards and analytics offer a broad overview of Your business health, featuring actionable insights and benchmarking to support informed decision-making. While these are some of the core functionalities that may be available, other features may also be provided within the same principle of enhancing Your business management. These tools are designed to assist You in understanding and managing Your financial and operational data. However, they may not fully address all aspects of Your unique financial situation. The Services are intended to support Your decision-making but do not replace personalized financial advice from professional consultants.
4. The Business Credit Score Services provide intelligence about Your business credit score, allowing You to generate standard credit score reports and access insights to improve Your credit rates. A business credit score is a metric indicating how creditworthy Your company is and how likely it is to pay debts on time, based on a corporate credit scoring model ranging from 0 to 100. The Business Credit Score Services may include: (a) information about Your credit profile, including a credit report summary and credit score; (b) credit monitoring or alert services; (c) periodic updates and tracking, suggestions, tips, and educational materials about other products and services that might interest You; (d) submitting an application for creation of a credit bureau profile and reporting business data to the bureau for building and improving Your credit score. These services are provided through Our Third-Party Services Processing Agents, etc. For any questions or details regarding Your credit profile and score in the relevant bureaus, please refer to the following resources: [Creditsafe Privacy Policy] [Creditsafe Terms and Conditions]. These resources can provide comprehensive information and assistance concerning Your credit profile and score. We do not guarantee that You will receive Your credit report information. You may obtain Your own report without using Our Services. You agree to provide true, accurate, and current information. You agree not to obtain or attempt to access any materials or information through means not intentionally made available through the Business Credit Score Services. upSWOT and its Software are not Credit Repair Companies, Credit Reporting Agencies, Brokers, or Advisors. upSWOT does not provide credit repair services. Information provided via the Services is for educational and reference purposes only and is provided at no additional charge unless otherwise specified for specific offerings. We do not guarantee that the information and Services We provide will create, repair or improve Your credit profile. Consult the services of a competent licensed professional for such assistance. upSWOT is not a “business reporting agency,” as defined in the Fair Credit Reporting Act, as amended. The Business Credit Score Service is intended for Your own educational use. It is also commercially available to third parties along with numerous other credit scores and models in the marketplace. Third parties are likely to use different scores when evaluating Your creditworthiness. They may consider other factors beyond Your credit score or information found in Your credit file, such as Your income. Accurate adverse information on Your credit report cannot be changed. If You believe Your credit report contains inaccurate, non-fraudulent information, it is Your responsibility to contact the relevant credit reporting company and follow the appropriate procedures to notify them of any inaccuracies.
5. Insights provided by the Software offer a way to easily access and analyze Your financial and business operations data, helping You understand past events, identify business problems that require attention, and predict future outcomes. These Insights facilitate the development of more robust business strategies. Insights are presented as informative text notifications triggered by changes in performance indicators. You can view Insights in the Insights feed, accessible from the widget header, which provides a convenient way to track important updates and stay informed about pivotal business events. Occasionally, embedded Insights are linked to specific indicators, alerting You to significant changes. Our assessments, options, information, and Insights are based on dynamic financial models, machine intelligence, behavioral finance principles, and established business practices. However, Your business's financial situation is unique and influenced by numerous factors. Consequently, Our Insights may not cover all relevant aspects, particularly those We do not have knowledge of or have not yet integrated into Our decision intelligence. By using the Software, You acknowledge that while Our Insights aim to offer valuable information, the final decision regarding Your business remains Yours. Professional sources of financial guidance, such as accountants and financial advisors, may provide additional insights based on their direct knowledge of Your circumstances. We are committed to continually enhancing Our intelligence and Our understanding of Your needs. You are encouraged to provide feedback on the Insights We deliver. Your input can help Us refine and improve Our recommendations over time. Any insights We provide should be used as supplementary information to assist in making Your own financial and business operations decisions.
6. Users may direct the Software to retrieve their own information maintained by Third-Party Services with which they have customer relationships, maintain accounts, or engage in financial transactions (“Account Information”). The Software works with one or more online service providers to access this Account Information. The Software does not review the Account Information for any purpose, including accuracy, legality, or non-infringement. The Software is not responsible for the products and services offered by, or on, Third-Party Services. The Software cannot always foresee or anticipate technical or other difficulties, which may result in failure to obtain data, loss of data, personalization settings, or other service interruptions. The Software does not assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any User data, communications, or personalization settings. For example, when Account Information is displayed through the Services, it is only as current as the time shown, reflecting when the information was obtained from such sites. This information may be more up-to-date when accessed directly from the relevant sites. Users can refresh their Account Information through the Services according to the provided instructions. By connecting Your Software account to Your Third-Party Services account, You grant the Software continuous access to retrieve data from the Third-Party Services on a regular basis without requiring additional permissions from You. The data retrieved from these Third-Party Services can be used as a data source for various analytical services provided by the Software. You can revoke this access at any time, and all data obtained from the Third-Party Services will be deleted.
7. To properly support and serve You, the Software may occasionally need to contact You through various methods, such as email, text message, or messaging functionality within the Software. The Software can send alerts, insights, and email campaigns to the contact email provided by the User in case of important events occurring in the User data. Additionally, We may send marketing email campaigns with offers or promotions of new products or send in-app notifications. We want to provide You with options for receiving communications from Us. Therefore, You may opt-in or opt-out of receiving certain types of communications from Us or sign up to receive specific kinds of messages, depending on the Software. Please notify Us of any changes to Your contact details to ensure Your preferences are updated.
1. We rely on the information You provide Us access to, and as We learn more about You, We will become better at offering the right set of options and priorities to help improve and responsibly expand Your business. We cannot do this effectively if You submit partial, untimely, or inaccurate information. Therefore, We are not responsible for any Insights We provide based on such incomplete or false information. The information You provide is crucial for Us to understand Your business situation, so accurate responses to any questions We ask and granting Us access to key information sources, such as Your accounting data and credit information, are essential for Us to perform Our job effectively. You agree to keep Your Third-Party Services accurate and updated and to maintain Your profile with true, accurate, and complete information. Your submission of information through the Services is governed by our Privacy Policy, which is located here [click to open document].
2. If You disclose another business’s information to Us, in providing that business’s information to Us, You agree that: (a) You have read and shared our Privacy Policy with the owner of that business; (b) that the owner agrees to our Privacy Policy; (c) that owner has agreed to provide its business’s information to Us; (d) and that owner understands and agrees that We may use and disclose its business information as We would use and disclose Your business information. We may terminate Your Use of the Services if We believe any information You provide is knowingly false, inaccurate, incomplete, or obsolete.
3. We may use information from other sources in connection with the Services (for example, bank account information). Information from other sources may be inaccurate, incomplete, or outdated. Incomplete, out-of-date, and inaccurate information provided by third-party data suppliers will adversely affect Our Services. If You believe any information provided by third parties about You is inaccurate, You may be able to dispute this information directly with the third-party source.
1. You may be enrolled in one or more features of the Software. The Software includes a business credit score and report card, business credit report, business credit monitoring, cash flow history and projections, a snapshot of the performance of Your business, potential savings opportunities and offers, which include personalized loans, other financial recommendations, and personalized offers from our Service Partners (collectively “Offers”). We are not responsible for the terms and conditions of Offers made by our Service Partners. Portions of the Software may be available to You through the mobile Software, websites, or other internet properties provided by Service Partners.
2. Your business credit report card has a summary of information from Your business credit report obtained from a credit reporting agency and may include helpful information about factors that influence Your business credit risk score. The Software may feature Offers made by third parties for which You may be qualified and invite You to apply for or inquire about such Offers. Your interactions with the Software help Us determine and personalize Offers that may be displayed to You.
3. We are not a provider of financial products or services. In using the Software, You may identify products and services offered by Your bank or other third-party providers. If You obtain a financial product or service from a third-party provider, that provider is solely responsible for its products and services provided to You, and You agree that We are not liable for any claims, losses, damages, liabilities, penalties, fines, costs, and expenses arising out of or in any way related to such products and services.
1. For the purposes of maintaining and improving this Software, the Software uses multiple analytics and logging platforms to gather information about the usage of the Service. For example, it tracks how many visitors the Software has, which screens they spend time on, what kinds of operating systems and devices they use, as well as data linked from Third-Party Services/Apps, Service Partners, and various user behavior events in the Software. Analytics platforms generally do not track, collect, or upload any data that personally identifies an individual (such as a name, email address, account number, or billing information) or other data that can be reasonably linked to such information, although they may use anonymized identifiers. The information helps the Software to improve the performance of this Service for You. For more details on how Upswot Inc. collects, uses, and shares your information, please refer to the upSWOT Privacy Policy.
2. The Software may transform User data into new data by modifying it to ensure that no User can be identified or reasonably identifiable from the resulting data (“Anonymous Data”). upSWOT may then manipulate, process, handle, reproduce, distribute, and permanently retain such Anonymous Data for any lawful purpose without further notice to the User. Specifically, Anonymous Data may be utilized for purposes including, but not limited to, statistical analysis, aggregation with other data, provision to third parties (potentially for payment or other commercial benefits to upSWOT), benchmarking, and publication.
3. Anonymization is a data processing technique that removes or modifies personally identifiable information (PII), resulting in anonymized data that cannot be associated with any individual. The Software collects usage analytics and data provided by the User, which is then anonymized and aggregated. This process ensures that all PII is removed, protecting User privacy. We anonymize and aggregate Your information with other anonymized data to help Us provide, optimize, improve, describe, and grow the use of Our products and services, create new products and services, and enhance Our business operations. upSWOT is committed to ensuring that no sensitive information is disclosed or sold to unauthorized parties. By using the Software, You acknowledge and agree to the collection, anonymization, and aggregation of Your data for the purposes stated above, ensuring the protection of Your personally identifiable information at all times.
1. Certain features and functionalities of the Software may incur fees, either as part of Our Service Partners' charges or through additional fees associated directly with the Software. While some features may be available for free, others may require payment. You will be notified in advance if a fee applies to the access or use of specific features of the Software. We offer subscription-based services, and any changes to fees or subscription offerings will be communicated to You as required by applicable laws. All fees are non-refundable and non-transferable, except as explicitly stated in this Agreement. Payments are processed in U.S. dollars, and You are responsible for any applicable taxes related to Your use of the Service. If a fee is associated with a particular feature or Service, You will be billed accordingly.
2. For subscription-based features, payments will be billed in advance on a recurring basis, as disclosed at the time of purchase. We may charge You automatically upon purchase and when You provide Your payment information. If Your payment details are inaccurate or outdated, We may suspend or terminate Your access to specific Services. You authorize Us to update Your payment information if needed. For subscriptions, fees may be billed monthly, annually, or at other intervals. We may send You a reminder with the current subscription fee before Your subscription term ends. Price changes will take effect at the start of the next subscription period following the change. If You do not agree with the new pricing, You can cancel Your subscription before the price change takes effect. Subscriptions will automatically renew at the end of each period, but You may cancel at any time. Cancellations will be effective the day after the end of the current subscription period. If You cancel midterm, You will still have access to the Service until the end of the current subscription period. We do not provide refunds or credits for cancellations or partial subscription periods.
We are not responsible:
You agree that You will be personally responsible for Your use of the Software, and You agree to defend, indemnify, and hold harmless Us and Our former and current employees, contractors, directors, and officers from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) any content You have submitted to or through the Software; (ii) Your violation of the Agreement or any applicable law or regulation; (iii) Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between You and any third party. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Our defense of such claim.
MOST USER DISPUTES AND CONCERNS CAN BE RESOLVED QUICKLY AND TO YOUR SATISFACTION BY CONTACTING US BY EMAIL support@upswot.com. HOWEVER, IN THE UNLIKELY EVENT THAT WE ARE UNABLE TO RESOLVE A DISPUTE, YOU AGREE THAT SUCH DISPUTE SHALL BE RESOLVED BY THE COURT IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE AND INTERNATIONAL LAW (IF APPLICABLE).
1. We grant You the right to receive and use updates (new versions) of the Software from the moment You acquire the rights to use the Software and during the entire term of this Agreement without paying additional fees. All updates of the Software are an integral part of it for use together with the Software as a single computer program in the manner provided for in this Agreement unless other conditions are provided by Us in a separate agreement.
2. If errors are found while using the Software, We undertake to correct them as soon as possible and release a new, corrected version of the Software. You agree that the definition of the time for eliminating the error cannot be exact since the Software closely interacts with other computer programs of third-party developers, the operating system and hardware resources of Your computer, and the operability and time to eliminate the problems do not fully depend only on Us.
3. In case of non-compliance with any of the paragraphs of section 3 of this Agreement, You automatically lose the right to receive updates (new versions) of the Software.
4. SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES, OTHER THAN THOSE EXPRESSLY PROVIDED IN THESE TERMS. YOU AGREE THAT YOU MUST EVALUATE ANY INSIGHTS AND OPTIONS PROVIDED ON YOUR OWN AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH ANY FINAL DECISIONS YOU MAKE IN USING THE SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THE SERVICES. UPSWOT INC. AND THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO (A) THE SERVICES, EXCEPT THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS, AND (B) ANY PRODUCT OR SERVICE (INCLUDING THIRD PARTY PRODUCTS AND SERVICES) YOU OBTAIN, ALL TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, NONINFRINGEMENT, TITLE, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
5. NO INSIGHTS OR OPTIONS PRESENTED OR INFORMATION OBTAINED BY YOU FROM THE SERVICES WILL CREATE ANY WARRANTY REGARDING US OR THE SERVICES THAT ARE NOT EXPRESSLY STATED IN THESE TERMS. YOU MAKE ALL FINAL DECISIONS RELATING TO THE SERVICES AND THE FINANCIAL PRODUCTS AND SERVICES YOU ULTIMATELY OBTAIN AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY LOSS, DAMAGE, AND LIABILITY THAT MAY RESULT FROM YOUR DECISIONS.
6. YOU ACKNOWLEDGE THAT WE ARE NOT AN INTERMEDIARY BETWEEN YOU AND ANY FINANCIAL INSTITUTION THAT MAY BE PRESENTED AS AN OPTION FOR FINANCIAL PRODUCTS OR SERVICES FOR YOU TO CONSIDER WHEN USING THE SERVICES. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY FINANCIAL PRODUCT OR SERVICE YOU MAY ULTIMATELY OBTAIN FROM ANY FINANCIAL INSTITUTION.
7. NOTHING IN THIS SECTION AFFECTS WARRANTIES THAT ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
1. We reserve the right to update or make changes to this Agreement from time to time in Our sole discretion, and We may notify You of changes by any reasonable means, including without limitation, by posting the revised version of this Agreement on Our websites, and these changes will become effective immediately upon the posting on Our websites. You can determine when this Agreement was last revised by referring to the “Last Updated” date at the top of this Agreement. Your continued access or use of any portion of the Software after any changes to this Agreement have been posted shall constitute Your agreement and consent to such changes. Please return to this page periodically to ensure familiarity with the most current version of this Agreement. You agree that Your use and access to certain features of the Software may be subject to any additional posted guidelines, rules, terms, and conditions applicable to such features (collectively, “Policies”), which are hereby incorporated by reference into this Agreement. In the event that any terms or conditions of such Policies contradict or are inconsistent with the terms and conditions of this Agreement, such Policies will govern and prevail solely with respect to the specified features, if any, to which they apply.
2. This Agreement is subject to interpretation in accordance with the legislation of the State of Delaware.
3. In case of violation of the terms of this Agreement on the use of the Software, by You, We have the right to terminate this Agreement unilaterally.
4. The rights to use the Software may be terminated at any time, for any reason or no reason, by You or Us. Upon termination of this Agreement, You are obliged to stop using the Software completely and destroy all copies of the Software installed on Your computers, including backups and all components of the Software.
5. If any provision of this Agreement becomes invalid, it does not affect the validity of the Agreement as a whole, the Agreement continues to operate in the rest of the Agreement.
6. This Agreement also applies to all updates (new versions) of the Software provided to You during its validity period unless upSWOT asks You to read and accept a separate license agreement or amendments to this Agreement when updating the Software.
CONSENT TO PERSONAL AND BUSINESS DATA PROCESSING
Hereby I acknowledge that I have read and accept the Privacy Policy and Terms of Service Agreement and give to Upswot Inc., location: 919 North Market Street, Suite 950 Wilmington, DE 19801, my consent to make without any limitation any action of processing (controlling and storing (where it is reasonably necessary) my personal and business data and other information provided for in Privacy Policy and Terms of Service Agreement, in any manner and by any means (including using the Internet), in connection with my use of the Upswot's Inc. software/services/products:
For these purposes, the personal and business data will be processed by Upswot Inc. in a pseudo-anonymous form (using appropriate methods providing for removal from data of the information which allows direct or indirect identifying a person by converting the person's identification data into the appropriate cryptographic code which does not allow reproducing such identification data based on this code alone). I agree that my anonymized personal and business data may be collected via a tracking mechanism. At the same time, I give Upswot Inc. my consent to process and control my personal and business data and other information to the extent in accordance with the list, sources of its obtaining, and terms, which are determined in the Privacy Policy.
The list of the mentioned data that may be processed by Upswot Inc., including through, in particular (but not limited to this list), may include tax identification number; first name, last name; date of birth; passport number (ID card); phone number; email address; address, and other data. Hereby, I give to Upswot Inc. my consent to keep my personal and business data during the period necessary for the purpose of this data processing and controlling, specified in this Consent, subject to the terms of the Privacy Policy regarding this data processing by Upswot Inc.
I confirm that I am the owner of the personal and business data specified in this Consent, and the information which will be provided by me is accurate and reliable.
By using or accessing any portion of the software/services/products, I acknowledge and agree to the processing of my personal and business data by Upswot Inc.
My continued use of the software/services/products constitutes my consent to the terms of this Agreement, including the automatic processing of my data as outlined.
This consent extends to any updates or supplements to the software/services/products unless governed by a separate agreement.
If You have any questions or comments about this Terms of Service Agreement or Our privacy practices, You can contact Us as follows:
By email at: support@upswot.com
By mail at:
Upswot Inc.
1646 W Hwy 160,
Suite 105 469,
Fort Mill, SC 29708
upSWOT is a white-label embedded finance and business management platform designed to make any financial institution the go-to source for small business health information and advice.
